same-sex sponsorship advice needed!

[civiquecent]

Hello, I am a male Canadian citizen currently studying in the USA. My boyfriend is a citizen of an Asian country (which I shall not name) and entered the USA several years ago on a student visa. He has since graduated and is now in a fraudulent marriage with an American female for the purpose of obtaining a green card (to find work in the USA), and his wife is aware of this situation and is OK with it. He was successful in earning his green card which lasts 2 years. In two years, he will get a divorce because by then he will receive another US green card that lasts 10 years. Conveniently, in two years I will be done with school and returning to Canada for work.
If I marry my boyfriend after he is divorced, and I want to sponsor him to Canada, will Canadian immigration be suspicious of his prior marriage (since he was married to a US female for two years, divorces her, and then suddenly he marries me, a Canadian male)? The USA hasn't accused him of fraud and did give him his first Green card after all.

 

[Shiny88]

Hello, I am a male Canadian citizen currently studying in the USA. My boyfriend is a citizen of an Asian country (which I shall not name) and entered the USA several years ago on a student visa. He has since graduated and is now in a fraudulent marriage with an American female for the purpose of obtaining a green card (to find work in the USA), and his wife is aware of this situation and is OK with it. He was successful in earning his green card which lasts 2 years. In two years, he will get a divorce because by then he will receive another US green card that lasts 10 years. Conveniently, in two years I will be done with school and returning to Canada for work.
If I marry my boyfriend after he is divorced, and I want to sponsor him to Canada, will Canadian immigration be suspicious of his prior marriage (since he was married to a US female for two years, divorces her, and then suddenly he marries me, a Canadian male)? The USA hasn't accused him of fraud and did give him his first Green card after all.

Ok so your bf is married to a woman just to obtain a green card ,did she know that before they get married that the purpose of it is to get the green card for exchange of money or whatever? sorry to say that but how can you trust a man that used someone else to have a green cards, and what makes you believe he is not using you? then you say after 2years you plan on marrying him , how you gonna proove your relationship if you marry right after he divorce his current wife? on top from female he goes with male , in a short period of time would be a issue too. Sorry but to me it looks like you are involding in a fraudulent marriage to help your friend to be a citizen which is illegal. I cannot advice and dont know from where you can start.anyway hope someone can help and advice something, but i am againts fake marriage .goodluck

 

[civiquecent]

Ok so your bf is married to a woman just to obtain a green card ,did she know that before they get married that the purpose of it is to get the green card for exchange of money or whatever?

I hope you read my entire thread. I stated that his wife is aware of the situation and is OK with it. They've made a deal.

Okay guys, is there any way Canadian immigration would ever believe that he could marry me after marrying and divorcing an American female?

If not, could I possibly state that he was never married in the USA? Or would Canadian immigration find out that he was?

 

[scylla]

I hope you read my entire thread. I stated that his wife is aware of the situation and is OK with it. They've made a deal.

Okay guys, is there any way Canadian immigration would ever believe that he could marry me after marrying and divorcing an American female?

If not, could I possibly state that he was never married in the USA? Or would Canadian immigration find out that he was?

Canada and the US share information. He must acknowledge his US marriage. Saying he was never married is not an option.

None of us can predict how CIC will handle his application. However I would guess that it will come under a great deal of scrutiny. It may end up being fairly clear to CIC that the US marriage is a MOC (marriage of convenience) which is a criminal act. If they figure this out, this will certainly cause CIC to question the authenticity of your relationship.

I think you should be prepared for long processing times, an interview to prove the validity of your relationship and a decent chance of refusal (which of course you can appeal).

 

[URIFiggy]

I hope you read my entire thread. I stated that his wife is aware of the situation and is OK with it. They've made a deal.

Okay guys, is there any way Canadian immigration would ever believe that he could marry me after marrying and divorcing an American female?

If not, could I possibly state that he was never married in the USA? Or would Canadian immigration find out that he was?

As a male that is going through the immigration process to be with my same-sex spouse, I feel like I should weigh in.

You said that this man's wife was aware of the fact that he was only doing this to obtain a green card. That right there is illegal in both the USA and Canada. It is considered a fraudulent marriage since it was a marriage where the 2 parties agreed to a deal in order for one to obtain a green card. Now just because the US didn't find out doesn't mean that, giving the circumatances, Canadian officals wont find out.

Would Canadian immigration believe that he could marry you after marrying an American female? Yes, but you both would be under scrutiny, and both possibly interviewed. It would seem like the process would take much longer again giving the situation.

Can he state that he was never married in the US? No, since the US and Canada share all their information, you can't really avoid this. He can't really change that part of his past. It's documented in both the US and in his home country.

Personally I wouldn't get involved in this situation. Regardless of you feelings for him, it's probably better if he were to return to his home country and decline his US green card. Then take some time to get to know him more. After that, consider the marriage/sponsorship.

 

[canadianwoman]

There have been appeal cases where the applicant seemed to 'switch' his/her sexual orientation. Some have been successful.

You will have to mention his US marriage on the forms. If he does not, the visa officer will find out and he will be barred from Canada for two years and won't get the PR visa for misrepresentation.

His marrying a woman, then marrying you, will certainly cause the visa officer some suspicions; it is even worse that it looks like he married someone just to get a green card. If he did it once, the visa officer is going to think his marriage to you is also fake.

So make sure you have a lot of evidence that your relationship is genuine, much more than the average couple would need. Document the development of your relationship as well as you can - you haven't married yet, so there is time to get more and better evidence from now on.

If you can, I'd have a real engagement celebration with family and friends, a romantic wedding (it does not have to be big, but it should include both families, and friends), and a honeymoon.

The visa officer will want to know how it is possible he was married to a woman and then a man. He should be prepared to discuss this. Claiming to be bisexual is an option. He should not admit the US wedding was a MOC. Better to say he was trying to 'go straight' if that is an issue with his culture or family, he really liked the woman, but it just didn't work out.

 

[amikety]

Hello, I am a male Canadian citizen currently studying in the USA. My boyfriend is a citizen of an Asian country (which I shall not name) and entered the USA several years ago on a student visa. He has since graduated and is now in a fraudulent marriage with an American female for the purpose of obtaining a green card (to find work in the USA), and his wife is aware of this situation and is OK with it. He was successful in earning his green card which lasts 2 years. In two years, he will get a divorce because by then he will receive another US green card that lasts 10 years. Conveniently, in two years I will be done with school and returning to Canada for work.
If I marry my boyfriend after he is divorced, and I want to sponsor him to Canada, will Canadian immigration be suspicious of his prior marriage (since he was married to a US female for two years, divorces her, and then suddenly he marries me, a Canadian male)? The USA hasn't accused him of fraud and did give him his first Green card after all.

As others have pointed out, this man is doing something illegal. He and his 'wife' are committing a crime. That makes them criminals.

It makes it seem he is desparate to get into the US or Canada and will go to any means to obtain this, including lying to the US government.

Is this really the type of person you want to get involved with?

When you sign a sponsorship agreement, you will be promising to support him for three years. If he uses any social assistance during those three years, you will have to repay the Canadian goverment out of your pocket. After his conditional PR is up in two years, he can leave you and apply for welfare at your expense. Not saying he will, but from what you've already told us, his focus is more on getting into the US or Canada anyway possible, no matter what laws he has to break.

On the note of sexuality... some people are bisexual. This isn't new. He may want to consider self-identifying as a bisexual.

 

[gsize]

As others have pointed out, this man is doing something illegal. He and his 'wife' are committing a crime. That makes them criminals.

It makes it seem he is desparate to get into the US or Canada and will go to any means to obtain this, including lying to the US government.

Is this really the type of person you want to get involved with?

When you sign a sponsorship agreement, you will be promising to support him for three years. If he uses any social assistance during those three years, you will have to repay the Canadian goverment out of your pocket. After his conditional PR is up in two years, he can leave you and apply for welfare at your expense. Not saying he will, but from what you've already told us, his focus is more on getting into the US or Canada anyway possible, no matter what laws he has to break.

On the note of sexuality... some people are bisexual. This isn't new. He may want to consider self-identifying as a bisexual.

well said.....it is because of fraud that we all suffer long wait times. He is young, and will have to find out the hard way. Having said that, I think there should be fines imposed at minumum for those cases that were proved fraud

 

[Luckyman]

Okay guys, is there any way Canadian immigration would ever believe that he could marry me after marrying and divorcing an American female?

I certainly hope not.....fraud is the reason so many of us have to wait for our legitimate spouses....sorry to say it, but I have no sympathy.

 

[amikety]

well said.....it is because of fraud that we all suffer long wait times. He is young, and will have to find out the hard way. Having said that, I think there should be fines imposed at minumum for those cases that were proved fraud

If they don't already, they should permanently ban the Canadian from ever sponsoring again. If it's a naturalized citizen or PR automatically revoke the status and send them home. I'm all for tough penalties. Canada has too much of a bleeding heart for me.

 

[scylla]

If they don't already, they should permanently ban the Canadian from ever sponsoring again. If it's a naturalized citizen or PR automatically revoke the status and send them home. I'm all for tough penalties. Canada has too much of a bleeding heart for me.

Marriage fraud carries a lifetime ban in the US (i.e. if US immigration determines the person being sponsored has committed marriage fraud, it's a lifetime ban from the US). Not sure if there's any penalty for the person doing the sponsoring...

 

[rjessome]

Canada and the US share information. He must acknowledge his US marriage. Saying he was never married is not an option.

None of us can predict how CIC will handle his application. However I would guess that it will come under a great deal of scrutiny. It may end up being fairly clear to CIC that the US marriage is a MOC (marriage of convenience) which is a criminal act. If they figure this out, this will certainly cause CIC to question the authenticity of your relationship.

I think you should be prepared for long processing times, an interview to prove the validity of your relationship and a decent chance of refusal (which of course you can appeal).

Committing fraud anywhere, anytime is wrong. However, that being said, CIC will only assess what is material to the PR application which is the relationship between the sponsor and the applicant. In this case, the applicant did NOT commit fraud to gain entry into Canada. That's what CIC cares about. If the relationship is genuine and it's proven, then the application will be approved. If there is anything to explain, it is the switch from one gender to another in partners and that's been done loads of times. There are no questions that ask about the breakdown of the previous relationship. It's all about the development of the one being assessed. It would get more scrutiny if the SPONSOR had previously sponsored a person or was sponsored themselves to come to Canada by a member of the opposite sex and then turned around, got divorced, and re-married and sponsored a person of the same sex (or any other person for that matter).

 

[jakesalomons]

i would pray to your lucky stars that they don't get found out...

 

[mdna]

Hello, I am a male Canadian citizen currently studying in the USA. My boyfriend is a citizen of an Asian country (which I shall not name) and entered the USA several years ago on a student visa. He has since graduated and is now in a fraudulent marriage with an American female for the purpose of obtaining a green card (to find work in the USA), and his wife is aware of this situation and is OK with it. He was successful in earning his green card which lasts 2 years. In two years, he will get a divorce because by then he will receive another US green card that lasts 10 years. Conveniently, in two years I will be done with school and returning to Canada for work.
If I marry my boyfriend after he is divorced, and I want to sponsor him to Canada, will Canadian immigration be suspicious of his prior marriage (since he was married to a US female for two years, divorces her, and then suddenly he marries me, a Canadian male)? The USA hasn't accused him of fraud and did give him his first Green card after all.

I think they will be suspicious, yes. As someone else mentioned, you should be ready for an interview to prove your relationship is genuine at least; however, they can't deny your application on the grounds he was with a woman and he's now with a man, although that does look suspicious. I don't care about what happened with him before he was with you, or his reasons for having a 'marriage of convenience', but if you are a Canadian citizen and you are in a genuine relationship with this person, you have to right to be with them, so go for it and be happy.

 

[tuyen]

Hello, I am a male Canadian citizen currently studying in the USA. My boyfriend is a citizen of an Asian country (which I shall not name) and entered the USA several years ago on a student visa. He has since graduated and is now in a fraudulent marriage with an American female for the purpose of obtaining a green card (to find work in the USA), and his wife is aware of this situation and is OK with it.

So what we have so far is three people who are a combination of criminals/morons/fraudsters.

The first thing you should do is have the title of your post changed to "Immigration fraud advice needed"

He was successful in earning his green card which lasts 2 years. In two years, he will get a divorce because by then he will receive another US green card that lasts 10 years. Conveniently, in two years I will be done with school and returning to Canada for work.
If I marry my boyfriend after he is divorced, and I want to sponsor him to Canada, will Canadian immigration be suspicious of his prior marriage (since he was married to a US female for two years, divorces her, and then suddenly he marries me, a Canadian male)? The USA hasn't accused him of fraud and did give him his first Green card after all.

I hope you DO marry him, and I hope you DO file for sponsorship. Then, there's a very high probability that the following things will happen:

1) CIC will refuse your application because it's so blatantly obvious that it's all based on fraud.
2) CIC will inform U.S. Immigration that they have a person in the country with a green card obtained through fraud.
3) Your idiot boyfriend will have his green card status stripped and will be deported back to his unnamed Asian country.
4) Your idiot boyfriend's "wife" will be investigated and quite possibly charged with committing immigration fraud.
5) Your idiot boyfriend will divorce you once it becomes obvious that you can no longer serve as his ticket into Canada.
6) CIC will keep a file on you for having perpetrated immigration fraud, which will make it pretty much impossible for you to ever sponsor anyone again, should you find yourself in a similar situation.
7) Your idiot boyfriend will more than likely never be allowed into the U.S. or Canada ever again.

So yes, by all means, go ahead with your scam, and everyone involved will get exactly what's coming to them.